County Attorney Frederick Westphal, backed by a state attorney general’s opinion, recently told Bennett that he can not serve as the 10th District lawmaker and hold his full-time job as a maintenance mechanic at Cayuga Community College. The county helps fund and oversee the college.

In 1987 and 1975 opinions, the attorney general’s office said county lawmakers could not work at county-sponsored community colleges because those lawmakers, like Bennett, would have to vote on college budgets, union contracts and administrative salaries.

“We have repeatedly opined that one person cannot serve both as a member of the legislative body of a local government and as an employee of the same government,” Kathryn Sheingold, assistant solicitor general, responded in a Nov. 18 letter to Westphal.

Bennett, 55, said he was surprised when he received notice from Westphal informing him of the possible conflict of interest. Bennett has hired a lawyer and said he’ll fight the county in court if push comes to shove.

“If we have to, we’ll let the courts decide,” said Bennett, who also served as president of the college maintenance workers union until last month.

Bennett said nobody from the county raised the issue to him before he defeated Republican Tortorici by more than 200 votes in November.

The Post-Standard left multiple messages seeking comment from both Westphal and County Administrator Thomas Squires but they did not return the calls.

Republicans hold nine of the 15 legislature seats this year and could appoint someone from their party to fill Bennett’s seat for the remainder of the year if it becomes vacant. Any legislative seat vacated before Sept. 20 of any year is filled by election of that year, according to an election board official.

Newly elected Legislature Chairman Steven Cuddeback, R-Niles, said the county cannot ignore the attorney general’s opinion and would likely ask a judge to decide whether Bennett can keep his part-time, four-year position while working at the college.

“This has nothing to do with politics….If this goes in favor of the county then shame on the Democrats for not checking this out beforehand,” Cuddeback said.

Kate Lacey, the county Democratic Party chairwoman, bristled at Cuddeback’s comment and said political parties do not have the time to check “arcane legal opinions” for every local election.

“I don’t think there’s a conflict of interest and I don’t think the people in (Bennett’s) district are going to be very happy. I believe the people will be outraged over it and they should be,” Lacey said.